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Regular DecisionReconsideration

ZELIE MEDINA vs. ADVANCED RECEIVABLE STRATEGY, TRAVALERS

Filed: Mar 03, 2011
San Francisco
ADJ2714448

CompFox AI Summary

The Workers' Compensation Appeals Board denied Travelers' petition for reconsideration, upholding the WCJ's decision that Travelers cannot apply a third-party credit from one injury case (ADJ778707) to benefits owed in a separate, but jointly awarded, injury case (ADJ2714448). The Board found that the credit applied only to "his injury" in the singular, and the joint award of permanent disability had become final, precluding apportionment. Furthermore, the Board has no jurisdiction to alter the 2006 award to allow such credit application, especially for temporary disability which cannot be apportioned.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied Travelers' petition for reconsideration, upholding the WCJ's decision that Travelers cannot apply a third-party credit from one injury case (ADJ778707) to benefits owed in a separate, but jointly awarded, injury case (ADJ2714448). The Board found that the credit applied only to "his injury" in the singular, and the joint award of permanent disability had become final, precluding apportionment. Furthermore, the Board has no jurisdiction to alter the 2006 award to allow such credit application, especially for temporary disability which cannot be apportioned.

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ZELIE MEDINA vs. ADVANCED RECEIVABLE STRATEGY, TRAVALERS (2011) – San Francisco | CompFox